The Washington critic., 1887-12-07

in answer TO this the same day, the
Minister of Portugal, near the United |
States" showed that he wanted to be
very near, indeed, for he wrote that he |
wished 'the grounds for the Minister of |
the Kingdom of Portugal, TO be laid out |
on the Presidents Square, East of square |
No. ILL.," but he left il to the Commits
sioners to determine on the quantity |
which the object in view would require"
GRANT TO PORTUGAL.
The same day the Commissioners
wrote again to sMinsteranswcring his
letter, of which the substance has been
just given, and inclosed to him II plat,
and said that they desired that the Min
lister from Portugal should have as large
n square as accorded with his own ideas
Of convenience and elegance, and so
ordered the square to be laid out, with Il
view to gratifying him on this subject,
but begged leave to remark that the
Presidents Square was public property
and intended for the public buildings
of the United States and for pleasure
grounds; consequently no buildings
would be permitted to be erected near
the square offered to the Court of Portu-
gal, nor to obstruct the view from that
situation. The letter concluded by say
ing that If the quantity of ground met
his appreciation grant would be made
us soon as the necessary forms could be
prepared.
That the imposed condition did not
discourage the minister from desiring
the ground, the following proves: A
letter to the three Commissioners from
lie Chevalier de Freirc, the Portuguese
Minister, dated Washington city, May
%, l79S, acknowledges receipt of let
ter of that day, with an inclosure, and
thanks them for the grounds to be
granted by their board for the Minister
of the Kingdom of Portugal near the
United States. The extent Of the
ground, the situation and the terms cX-
pressed in their letter, he wrote, per-
fcctly accorded with his wishes.
On May a, 170S, the Commissioners
ordered cut stone three feet by seven
teen, and to ''have marked upon 1t the
word Portugal to be used as boundary
stone for the square to be granted to the
Queen of Portugal for the residence of
the Minister of that nation near the
Government of the United States"
EXECUTION or TIE DEED.
May %, 110s, the deed was executed
| to the Queen of Portugal, and three
copies were delivered to her minister
and one TO the President. From the
deed it appears that the ground was
given for no higher consideration than
| the sum of one dollar.
| The decd recites that "the President
of the United States had authorized and
empowered the Commissioners to grant
sites on the lots, squares and other pub
| lie grounds in the city of Washington
for erecting buildings for the residence
of foreign ministers near the Govern
ment of the United States. whenever
such ministers shall be authorized by
their respective courts to accept such
grants"
The title to the land was vested in
"the Queen of Portugal, her heirs and
successors forever, 10 and for the use and
purpose of residence for the Minister
Of her said Majesty, her heirs and sue
cessors forever" The boundaries of the
land were fully defined in each direction
from the stone marked Portugal" and
the area comprised s0,639 square feet.
The deed was duly witnessed and all
the necessary legal formalitics complied
with.
Mr.. Stewart, in Winders Building,
who has charge of the old records from
which the above has been copied, says
he looked up the exact location of the
land selected by the Portuguese Minis
ter and finds it was that on which the
Presidents stables now stand, which
were put up during the Grant Admins
tration.
WHY THE GRANT PROVED INVALID.
However, from what follows, it ap.
pears that the land did not become the
property of the Queen of Portugal foi
any length of time, for the reasons SET
forth in the following opinion from At.
torney-Gcneral Lee in 1899.
''The deed of conveyance Of the Com
missioncrs, ratified by the President, tC
the Queen of Portugal of the part oi
the square belonging TO the United
States and appropriated to the resi-
dence and accommodation of the Presi
dent was unadvisedly executed. Thi,
lot was the property of the United
States, and was vested in trustees oil
commissioners for their use, and there
fore without an act of Congress author
izing disposition and conveyance of il
to stranger, it seems to me it woulC
not be legally done by any person. Tn,
title, therefore, of the Queen of Portugal
is invalid, in my humble opinion, ant
if the deed has improvidently been exc
cuted, it ought TO be returned and can
celed."
So wrote Charles Lee, Attorney-Gen
eral of the United States in an opinion
dated Philadelphia, January I, 1893
when John Adams, who had approved
the deed to the QNeen of Portugal, wa
still President. From this it will b,
seen that not the right of an alien {,
hold land in the uitvot Washington wa
questioned, but only the right of any
person to dispose OF the property of tn,
United States, Congress alone havini
that right.
THE "oHAIN BUILDINGS"
} An instance which many of the oil,
! residents well remember of Il rcprescn
J tative of q foreign government buildin;
} Il residence here, is that of the Count d,
Menon, who was secretary of the Frcncl
Legation here, and acted for awhile n
charge d'aifaires nd int. from June, 1929
! to August, 1924, and from July, 1927, {,
July, 1880. He built the two houses sC
long known as the "Chain Buildings" ol
Ill street, where it joins New York ave
nue.. lie lived in one of them, tha
furthest from Thirteenth street. Subse
quently some one else built third one
like the first two, and adjoining them
, Until within Il few years these house.
) were unaltcred.
The case of the Swedish Ministe
being obliged on account of the Law
} passed last March TO evadc it, when Ii,
} wished last summer 10 purchase n resi-
dencc for his own use in this city, bein,
called to Senator Edmunds' attention
he first asked how it would be if on
Minister to Sweden in his private ca
pacity desired to purchase Il residence il
that country--if the laws OF Swedel
would permit him so TO do?